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Budget

Occupational Safety and Health Review Commission

OSHRC

Fiscal Year 2007 Performance Budget

February 2006

Table of Contents

Fiscal Year 2007 Performance Budget

Page

I. Summary and Highlights

II. Introduction -- Mission, Vision, and Strategic Goal

III. Budget Request and Annual Performance Plan by Organizational Function

IV. Budget by Object Classification Category

V. Other Tables

I. Summary and Highlights

Summary and Highlights

The Occupational Safety and Health Review Commission requests an appropriation of

$10,346,000 to fund it in FY 2007. This amount is $58,900less than the FY 2006

appropriation of $10,404,900. The $10,346,000 for FY 2007 would support 67 full-time

employees (FTEs).

The amount requested would allow the Review Commission to fulfill its legislative

mandate to serve as an administrative court providing just and prompt resolution of

disputes involving the Occupational Safety and Health Administration (OSHA),

employers charged with violations of Federal safety and health standards, and

employees and/or their representatives. The request supports the goal in the strategic

plan to improve service to the public. The Review Commission updated its strategic plan

for the period FY 2006 through FY 2011. The annual performance plan for FY 2007

reflects the new goals and objectives.

OSHRC’s FY 2007 budget request includes:
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$7,981,000 to support direct payroll costs for 67 FTEs. These costs represent 77

percent of the Review Commission’s appropriation.

$1,265,000 for office space rent.

Funds for services provided by other Federal agencies such as support for

financial and administrative services and for personnel and payroll services. The

estimated costs of financial and administrative services provided by the Bureau of

Public Debt (BPD) is $257,250 in FY 2007 a 5% increase over FY 2006 fees.

Funds to enable the Agency to complete the annual performance plan goals and

targets, and implement the President’s Management Agenda, including the

implementation of plans under the E-Government Act of 2002 (PL-107-347).

Funds to allow the Review Commission to comply with IT security requirements.

Funding will support independent evaluations of the security of the information

system and corrections or improvements in any weaknesses found as a result of

the evaluation. With base resources, the Agency will also continue to support

automation and technology efforts initiated earlier, including hardware, software

and contractual support.

II. Introduction -- Mission,

Vision, and

Strategic Goal

Introduction -- Mission, Vision and Strategic Goal

The Review Commission is an independent, adjudicatory agency created by the

Occupational Safety and Health Act of 1970. Its sole statutory mandate is to serve as an

administrative court providing just and expeditious resolution of disputes involving

OSHA, employers charged with violations of Federal safety and health standards, and

employees and/or their representatives. The Review Commission was created by

Congress as an agency completely independent of the Department of Labor to ensure

that OSHA’s enforcement actions are carried out in accordance with the law and that all

parties are treated consistent with due process when disputes arise with OSHA.

The Occupational Safety and Health Act and the Review Commission’s Rules of

Procedure (which by law mirror the Federal rules) provide two levels of adjudication

when an employer timely contests an OSHA citation for alleged violations of the Act or

failure to abate such alleged violations. The first is a trial level, which affords an

opportunity for a hearing before a Review Commission Administrative Law Judge. The

judge’s decision becomes final unless the decision is directed for review by the

Commission. This second level is a discretionary appellate review of the judge’s

decision by the Commission members. Both before its judges and the Commissioners,

the Review Commission provides fair and impartial adjudication of cases concerning the

safety and health of employees’ working conditions in the United States.

The principal (National) Office of the Review Commission is located in Washington,
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D.C. There are also regional offices in Atlanta and Denver.

Mission Statement

The mission of the Occupational Safety and Health Review Commission is to provide an

impartial forum for the just and prompt adjudication of workplace safety and health

disputes involving the Department of Labor, employers and employees, and/or their

representatives under the Occupational Safety and Health Act of 1970.

Vision Statement

The Review Commission continues to strive to be:

A quasi-judicial body that is -- and is recognized for being -- objective, fair,

prompt, and professional;

An agency that creates a body of law through its decisions that defines and

explains

the rights and responsibilities of employers and employees under the Occupational

Safety and Health Act of 1970;

A model Federal agency with highly effective processes, a highly motivated,

qualified and diverse workforce, and modern information management,

communications, and administrative systems; and

An agency that values team work, develops its employees, and strives to improve

its performance, service, and value to the American people.

Strategic Goal

The Review Commission has as its strategic goal a public service goal that is to assure

fair, just, and expeditious adjudication of disputes brought before the Commission and

its judges. The Review Commission updated its strategic plan for the period FY 2006

through FY 2011.

III. Performance Budget

Request by

Organizational function

FY 2007 Performance Budget Request

This section describes the three functions of the Review Commission:

Administrative Law Judge function

Commission function
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Administration function

Each function has a staff assigned exclusively to it, and there is virtually no sharing of

staff resources between the functions of the Administrative Law Judge and the

Commission. This circumstance principally stems from the nature of the Administrative

Law Judge and Commission functions, which must be separate so that each of these

review levels is, both in fact and appearance, independent of the other. The

Administration function supports both the Administrative Law Judge and Commission

functions and the Agency’s strategic planning efforts.

Funding and staffing by function is as follows:

Funding (in millions) and FTE by Function

FY 2006 Estimate FY 2007 Estimate

$ FTE $ FTE

Administrative Law Judge 4.5 26 4.5 25

Commission 4.6 30 4.6 31

Administration 1.3 11 1.2 11

Total 10.4 67 10.3 67

Administrative Law Judge Function

The function of the Review Commission’s Administrative Law Judge Division is to

conduct formal hearings and related proceedings in a fair, just, and expeditious manner.

The function is directly related to the public service goal.

The Administrative Law Judges report organizationally, through the Chief Judge, to the

Chairman. However, they act independently in arriving at case decisions. The

Commission’s rules are based upon the Federal rules, but in the absence of specific

provisions in the Commission’s rules, the procedures are in accordance with the Federal

Rules of Civil Procedure. The Rules are constructed and administered to secure the just,

speedy and inexpensive determination of every action.

Proceedings Before the Review Commission’s Administrative Law Judges

The events leading to the presentation of an OSHA case before a Review Commission

Administrative Law Judge follow an established procedure. To contest all or part of a

citation, penalty, or abatement period, an employer must file a notice of contest within

15 working days from the receipt of the citation proposed by OSHA. The Secretary of

Labor transmits the notice of contest and all relevant documents to the Review

Commission’s Executive Secretary for filing. After the case is docketed, it is forwarded

to the Office of the Chief Judge for assignment to an Administrative Law Judge. The

case is generally assigned to an Administrative Law Judge in the Review Commission

office closest to where the alleged violation occurred. Thereafter, the Administrative

Law Judge has full responsibility for all pre-hearing and pre-trial procedures, including

settlement, and is charged with providing a fair and impartial hearing in an expeditious

manner, and rendering a decision promptly.

Administrative Law Judge Operations

The Review Commission strives to expedite the judicial process in a fair and impartial

manner, strengthen its settlement procedures and case management responsibilities by

constant monitoring of its Simplified Proceedings and Mandatory Settlement programs.
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The Administrative Law Judge function addresses a caseload that is becoming

increasingly more complex. Achieving these ends is the primary responsibility of the

Chief Administrative Law Judge.

Since FY 2000, OSHA inspections have remained relatively flat at approximately

38,000 per year, yet OSHA citations have risen approximately 9.5%. OSHA’s emphasis

during recent years has been on more serious workplace hazards, and the consequent

increase in proposed penalties, has translated into more complicated cases and more

costly trials (cases involving lock-out/tag-out, confined spaces, health care hazards,

including asbestos, lead poisoning, process safety, construction industry hazards, etc.).

These cases command a greater portion of the judges’ time. The Review Commission

anticipates that this trend will continue.

The complexity of these cases is the result of the existence of any one or a combination

of the following:

Intricacies of the law (complex questions of law)

Volume of documents, including transcripts

Large number of witnesses (including expert witnesses in such fields as

engineering, architecture, construction, soil, physics, epidemiology, pathology,

neurology and infectious diseases)

Number of alleged violations, items, and affirmative defenses (including distinct

and separate items)

Technical, novel, difficult or new standards raised

Types of cases, such as those involving asbestos, lead poisoning, or ergonomics,

process safety management and/or confined spaces

Case processing is being expedited by moving greater numbers of cases into the

Mandatory Settlement (Commission Rule 2200.120) and Simplified Proceedings

(Commission Rule 2200.200) programs.

Under Mandatory Settlement, when the aggregate amount of the penalty sought by the

Secretary of Labor is $100,000 or greater, the Chief Administrative Judge may assign a

Settlement Judge to aid the parties in disposing of cases. The Settlement Judge

appointed by the Chief Administrative Judge has full control of the proceeding and may

require that the party’s’ representatives be accompanied by officials having full

settlement authority. This procedure has aided the Commission in disposing of some

extremely complex cases, with the approval of all parties.

The Simplified Proceedings process (formerly E-Z Trial) was enlarged to include cases

with proposed penalties up to $30,000, when found eligible by the Chief Judge. This

process allows parties with relatively simple cases to have their “day in court”

unencumbered by the formal Rules of Procedure and Evidence, while assuring that due

process requirements will be maintained. By reducing paperwork and legal filings,

Simplified Proceedings also lowers expenses for all parties.

Simplified Proceedings Case Activity

FY 2002 through FY 2007

FY2002 FY2003 FY2004 FY2005 FY2006 FY 2007

Actual Actual Actual Actual Est. Est.
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New Cases 2,134 2,369 2,230 2,202 2,350 2,350

Cases

assigned to

Simplified

Proceedings

869 1,017 1,119 1,217 1,293 1,293

The proportion of new cases assigned to the Simplified Proceedings process has

averaged 47 % over the last four years. The Review Commission projects an increased

number of new cases will be assigned to the Simplified Proceedings process in FY 2006

and FY 2007.

Anticipated Administrative Law Judge Workload for FY 2007

Three major factors impact on this function’s workload: (1) the quantity, magnitude, and

nature of the cases; (2) the success of the Simplified Proceedings and Mandatory

Settlement processes; and (3) the number of trials held, and their length and complexity.

OSHA projects it will conduct 37,700 inspections in FY 2006, and 37,700 in FY 2007.

The number of OSHA inspections and their likely focus affects the Review

Commission’s caseload on the highest hazard workplaces – especially those with high

injury and illness rates, fatalities, repeat offenders, and the most egregious workplace

hazards, which frequently result in larger contestable proposed penalties. These

inspections tend to result in more complex and contentious cases, which consume

extensive judicial time. Their discovery process is lengthy and time consuming, motion

practice is expanded, legal research and decision-writing time is protracted and, of

necessity, the trial process is elongated and complicated.

Administrative Law Judge Case Activity

FY 2002 FY

2003

FY

2004 FY 2005 FY 2006 FY 2007

Actual Actual Actual Actual Estimate Estimate

OSHA Inspections 37,493 39,798 39,167 38,714 37,700 37,700

Administrative Law

Judge

a. Case Inventory,

Start of Year 840 812 780 761 708 578

b. New Cases 2,134 2,369 2,230 2,202 2,350 2,350

c. Total Caseload 2,974 3,181 3,010 2,963 3,058 2,928

d. Disposals:

(1) With Hearing 95 97 94 57 110 110

(2) Without Hearing 2,067 2,304 2,155 2,198 2,370 2,370

e. Total Dispositions 2,162 2,401 2,249 2,255 2,480 2,480

Total Case Inventory,

End of Year 812 780 761 708 578 448

The table above shows projected, as well as recent, case activity. Total caseload is

projected to be level through 2007, but with higher rates of dispositions due to expanded

use of Simplified Proceedings and Mandatory Settlement programs.

Staffing

Of the total 67 FTEs requested, 25 are required for the Administrative Law Judge

function. This staff level includes the employment of 12 Administrative Law Judges,
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plus other staff attorneys and support staff. Given the number of inspections occurring in

FY 2005, and the complexity of the cases received, the Review Commission believes

this is the minimum number of FTEs that is needed to address the expected workload

and meet its performance targets.

The Chief Judge manages the effort to meet the Agency’s Government Performance

Results Act of 1993 (GPRA) goals at the Administrative Law Judge Level.

The Chief Judge:

Conducts early review and screening of the potentially difficult cases before

assignment

Exercises strong management and monitoring of progress of cases to meet

performance goals

Ensures training of judicial and administrative staff, and

Examines judicial case management practices of other entities

Funding (in millions) and FTE

FY 2006 Estimate FY 2007 Estimate

$ FTE $ FTE

Administrative Law Judge 4.5 25 4.5 25

Public Service Goal a nd Outcome Goals

The Review Commission’s Strategic Plan for 2006 – 2011includes the following goals

and objectives related to this function:

Public Service

Goal

Outcome Goals

To assure fair, just,

and expeditious

adjudication of

disputes brought

before the

Commission and its

judges

Increase the percent of non-complex cases at the

Administrative Law Judge level that are resolved in less than

one year

Increase the percent of complex cases at the Administrative

Law Judge level that are resolved within 18 months

The Review Commission intends to advance this strategic goal at the ALJ level through

the following strategies:

Expedite the assignment of cases to judges

Use objective criteria to determine complex cases, and track the processing of

these cases

Monitor closely case performance, and improve case management information

systems and reports
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Conduct early review and screening of the potentially difficult cases

Provide training to all judges on a variety of subjects, including technical and

legal issues, legal writing, case management and alternative of dispute resolution

(ADR), to help them develop services and processes equal to the very best in

judicial arenas

Implement changes in the agency’s Rules of Procedure to improve case

processing (e.g. Mandatory Settlement Part and Simplified Proceedings), and seek

new ADR methods

Continue to use a team of judges to handle, on a rotational basis, extremely

complex cases and assign appropriate staff to timely process and monitor such

cases, including settlement discussions

Develop procedures for case processing and decision quality

Make changes to the Agency’s Rules of Procedure to improve case processing

The Review Commission revised its strategic plan for the period FY 2003 – FY 2008,

and again for the period FY 2006 through FY 2011. The following goals are included in

its performance plans for fiscal years 2003 through 2007:

Outcome Goals Performance

Measures

FY 2003

Actual

(Target)

FY 2004

Actual

(Target)

FY 2005

Actual

(Target)

FY 2006

Target

FY 2007

Target

Increase the

percent of noncomplex cases at

the ALJ level

that are resolved

in less than one

year

Percent within

365 days

New for

FY 04

98%

(93%)

99.5%

Target

exceeded

(94%)

99% 99%

Increase the

percent of

complex cases at

the ALJ level

that are resolved

within 18

months

Percent within

540 days

New for

FY04

98%

(93%)

98.2%

Target

exceeded

(94%)

98% 98%

Commission Function

Function

The function of the Commission is to exercise its discretion to review and decide cases

contested under the Act, following an initial decision by an Administrative Law Judge.

This higher level of review must be prompt, fair, and protective of the parties’ rights.

Overall, this is our public service goal.

Proceedings Before the Commission
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The Review Commission adjudicates contested cases independent from the enforcement

and rule-making functions vested in OSHA. Disputed enforcement proceedings are tried

initially before the Review Commission’s Administrative Law Judges. The Commission

members may then review decisions by the Review Commission’s Administrative Law

Judges.

The Occupational Safety and Health Act of 1970 provides for Presidential appointment

and Senate confirmation of three Commissioners, each with a six-year term. Each

Commission member has the authority to direct for review by the full Commission any

case decided by any judge. Absent such a direction for review, the decisions of the

Administrative Law Judges become final by operation of law. Once a case is directed

for review, the Commission members have authority to review all aspects of a case,

including judges’ findings of fact, conclusions of law, penalty assessments and

abatement orders.

A counsel, who is responsible for providing assistance and advice on all pending

matters, including the proper disposition of cases and motions and whether cases are

appropriate for Commission review, aids each Commissioner. Each counsel also aids the

Commissioner in researching and editing draft opinions submitted by the General

Counsel after the Commission decides a case.

The General Counsel has primary responsibility for preparing and presenting factual and

legal analyses to assist Commission members in adjudicating appeals. Office of General

Counsel staff also has primary responsibility for presenting cases to the Commission for

disposition and for preparing drafts of the Commission’s opinions.

Commission Operations

The Commission strives to minimize the time for deciding cases and thus, the number of

pending cases. Aided by improved case management technology, the Commission seeks

to strengthen the internal processes by which a case is prepared for decision. Three

external factors have a major impact on the operations of the Commission: the presence

of a quorum, the size and complexity of cases, and the novelty of the issues presented

for review.

As mentioned previously, the Commission consists of three members. The Occupational

Safety and Health Act require a quorum of two Commissioners. During periods when

the Commission lacks a quorum, no cases can be decided. In addition, with only two

Commissioners, it may be more difficult to reach agreement sufficient to dispose of

some cases. In cases where such agreement cannot be reached, deadlocks result. As a

result, action on important issues may be postponed and issuance of some pending cases

will be delayed.

The number of safety and health inspections carried out by OSHA each year, the nature

of those inspections, and the rate at which employers choose to contest the citations

issued and penalties proposed by OSHA all affect the number of cases contested before

the Review Commission. In addition, OSHA’s emphasis during recent years on more

serious workplace hazards, and the consequent increase in proposed penalties has

translated into more complicated cases, and more costly trials. Consequently, the

complexity and size of the cases both at the Administrative Law Judge level and at the

Commission level has had a significant impact in recent years.

The Commission is now operating with two members because one Commissioner’s term

expired on April 27, 2005, but it still expects to make substantial progress in addressing
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its caseload. If a new Commissioner is nominated and confirmed in FY 2006, the

Commission will have a full complement of Commissioners until late April of 2007.

This period of full membership should enable the Commission to issue decisions in a

number of large, difficult cases now pending before it. Issuing decisions in these large

cases will also allow the Commissioners, their staffs, and the Office of General Counsel

to consider and decide the other cases in the backlog much more expeditiously.

To facilitate workflow, the Office of the Executive Secretary was moved from the Office

of the Executive Director to the Office of the Chairman in FY 2005. The Executive

Secretary dockets incoming cases resulting from OSHA appeals, and communicates with

the public in general and parties to cases in particular.

Anticipated Commission Workload for FY 2007

The Commission maintained a quorum until April 27, 2005, when one Commission

member's term expired. Although that vacancy had a limited impact in FY 2005, we

expect that it will have a greater impact in FY 2006.

Solid case production focused on deciding and issuing decisions in older cases is

projected to reduce further the Commission's case inventory in FY 2007. We expect to

receive 21 new cases and issue 35 decisions and thereby reduce the number of cases

pending at the end of FY 2007 to 6 cases, lower than the actual and estimated data for

the preceding five fiscal years.

Office of General Counsel and Commissioners' Case Activity

FY

2002

FY

2003

FY

2004

FY

2005 FY 2006 FY 2007

Actual Actual Actual Actual EstimateEstimate

1) New Cases: 28 17 23 22 19 21

2) Case Inventory from Prior

Year 67 74 60 54 35 20

3) Total Caseload [1 + 2] 95 91 83 76 54 41

4) Dispositions 21 31 29 36 34 35

5) Case Inventory, End of Year [3-4] 74 60 54 40 20 6

Staffing

The FY 2007 budget requests funding for 9 FTEs to include the three Commissioners

and their immediate staff (each Commissioner has a counsel and a confidential

assistant), 17 FTEs in the General Counsel’s office, and 4 FTEs in the Executive

Secretary’s Office, for a total of 31 FTEs. The budget request assumes that the

Commission will have a full complement of Commissioners in place throughout FY

2007.

Funding (in millions) and FTE

FY 2006 Estimate FY 2007 Estimate
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$ FTE $ FTE

Commission 4.6 31 4.6 31

Public Service Goal and Outcome Goal

The Review Commission’s Strategic Plan (updated) includes the following goals and

objectives related to this function:

Public Service Goal Outcome Goal

To assure fair, just,

and expeditious

adjudication of

disputes brought

before the

Commission and its

judges

Reduce the length of time to resolve Commission-level cases

The Review Commission intends to advance this strategic goal at the Commission level

through the following strategies:

Focus on the disposition of older cases, with the immediate aim of reducing the

existing backlog and the eventual goals that no case will sit for more than nine

months on review

Expedite the disposition of priority cases that require immediate action (e.g., cases

that

are to be remanded back to the ALJ level, court remands, interlocutory reviews, and

Federal Rule 60(b) cases)

Implement internal markers to assist in the preparation of cases and issuance of

Commission decisions

Accelerate processing of cases through a variety of efforts, including early

intervention of the Commissioners’ counsels, computerization of changes to draft

decisions and development of strategies to resolve cases when there are only two

Commission members

Expand the use of staff meetings in the Office of the General Counsel to reduce

the time needed to write decisional memoranda and draft decisions

Develop new methods to shorten case preparation time

Develop procedures for case processing and decision quality

Implement changes to the Agency’s Rules of Procedure to improve case

processing

Make greater use of oral arguments and requests for amicus briefs for complex

cases and cases that present significant questions of law.

Develop case processing measures for employees assigned to cases and ensure

individual performance plans support priorities in the Review Commission’s

strategic and annual performance plans
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The following performance goals have been developed for fiscal year 2007 to support

the FY 2006 – 2011 Strategic Plan:

Public Service

Goal

Outcome

Goals

FY

2002

Actual

FY 2003

Actual

(Target)

FY 2004

Actual

(Target)

FY 2005

Actual

(Target)

FY 2006

(Target)

FY 2007

(Target)

Reduce the

length of time

to resolve

Commissionlevel cases

Percent of

cases over 2

years old

disposed of

at the

Commission

level

New

for FY

04

New for

FY 04

42%

(100%)

52%

(100%)

(100%) (100 %)

Reduce the

length of time

to resolve

priority cases

Percent of

priority

cases

disposed of

within 6

months

New

for FY

04

New for

FY 04

100%

(100%)

100%

(100%)

(100%) (100%)

Office of Administration Function

The function of the Office of Administration is to provide administrative support

services for the Review Commission, to assure its success in fulfilling its mission.

Administrative Operations

The Administration function provides strategic planning and operational management of

the organization. Administration also includes the Office of Public Information,

technology management, computer and information security, financial, and

administrative services. The day-to-day tasks performed under the direction of the

Executive Officer, include:

Supporting the development and implementation of the Agency’s strategic goal(s)

Maintaining a Public Information Office, including providing case decisions to the

public

Responding to Congressional, and public inquiries

Maintaining and enhancing a website to provide the public with greater access to

Review Commission information

Providing support agency-wide in the areas of finance, budget, procurement,

personnel, equal opportunity and administration

Providing personnel, payroll, benefits, reproduction, mail services, and travel

assistance to agency employees

Procuring goods and services, maintenance and needed repairs of equipment,

training, reference materials, supplies and office

Maintaining a library in the National Office and in each regional office for legal

research

Implementing improved computerized case management and administrative

systems through hardware and software improvements

Developing computer systems and information security enhancements, enhancing

telecommunications and improving technology efficiency and effectiveness
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Anticipated Office of Administration Workload for FY 2007

During FY 2007, the Executive Officer will pursue various activities in support of the

Agency’s mission, with the following results expected:

Continued implementation of the President’s Management Agenda and related

initiatives

Improved financial and administrative services and enhanced integrity and

efficiency of the Agency’s financial management and human resources programs

Greater online access with citizens and government and non-government systems

under the E-Government Act of 2002

Improved computer information security program based on an evaluation of the

Review Commission’s computer security, compliance with the various security

acts and the implementation of corrections or improvements in any weaknesses

found as a result of evaluations

Faster and better public access to and dissemination of Review Commission

information and decisions through the use of modern automated technology and

techniques, including the Agency’s website

Execution of the Continuity of Operations Plan (COOP), including maintenance,

testing, and (if needed) implementation of the COOP for Washington, DC and

regional offices in Denver and Atlanta

Implementation of the Homeland Security Presidential Directive #12

Timely implementation and oversight of the Agency’s succession, transition and

Strategic Human Capital Management Plan, the first phase of which was

completed and implemented in August 2005.

Staffing

The FY 2007 budget requests funding for 11 FTEs for the Office of Administration to

perform the duties and responsibilities outlined above. The Administration staff has

responsibility for implementing the President’s management and reform efforts,

including implementing and monitoring strategic and performance plans and reports,

budget and performance integration, human capital and competitive sourcing, and egovernment.

Funding (in millions) and FTE

FY 2006 Estimate FY 2007 Estimate

$ FTE $ FTE

Administration 1.3 11 1.2 11

IV. Budget by Object

Classification Category

Budget by Object Classification Category

The Occupational Safety and Health Review Commission requests an appropriation of

$10,346,000 for FY 2007. This amount is a $58,900 reduction of the FY 2006
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appropriation of $10,404,900. The $10,346,000 for the FY 2007 request would support

67 FTEs. Within the funds requested, the Review Commission would support the same

level of activities and services included in the FY 2006 request. The proposed budget

for FY 2007 by object classification category is shown in the table below, along with

the FY 2006 budget request. A narrative explanation of the amounts requested for each

object classification follows the table.

Object Classification Table

Fiscal Years 2006and 2007 ($ in 000s)

Change FY 2006-2007

Budget Object Class FY 2006 FY 2007 $ %

11.1 Full Time Permanent

Positions

6,714 6,542 -172 -2.56

11.7 Other Compensation 25 25 0 0

Sub-total 6,739 6,567 -172 -2.56

12.0 Benefits to Personnel 1,282 1,414 +132 +10.3

21.0 Travel 117 117 0 0

22.0 Transport of Things 7 7 0 0

23.1 Rental Payments to GSA 1,265 1,265 0 0

23.3 Communications,

Utilities, and

Miscellaneous

61 61 0 0

24.0 Printing 17 17 0 0

25.0

25.3

Other Services

Services by Other

Federal Agencies

372

326

372

326

0

0

0

25.7 Repair and Maintenance

of Equipment

46 46 0 0

26.0 Supplies 45 45 0 0

31.0 Equipment 127 109 -18 -14.1

Total 10,404 10,346 -58 -.56

11.0 Full Time Permanent Positions

Change FY 2006-FY 2007

FY 2006 FY 2007 Amount %

$6,714,000 $6,542,000 -$172,000 -2.56

The request for FY 2007 includes $6,542,000 to fund the direct payroll costs of 67

FTEs. This is 2.56 percent lower than the FY 2006 level, and includes general pay

raises in January 2005, January 2006, and proposed general pay increases in January

2007.

11.7 Other Compensation

Change FY 2006-FY 2007

FY 2006 FY 2007 Amount %

$25,000 $25,000 -0- -0-

Consistent with the Review Commission’s encouragement of individual employee

initiative and performance, $25,000 is requested to provide funds to reward employees
Budget -- 2007

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for superior performance or special acts or services. Cash awards are a necessary

incentive in the Review Commission’s continuing effort to improve the quality and

timeliness of its work product, which in turn, contributes to overall agency efforts to

accomplish its Annual Performance Plan objectives.

12.0 Personnel Benefits

Change FY 2006-FY 2007

FY 2006 FY 2007 Amount %

$1,282,000 $1,414,000 $132,000 +10.3

An amount of $1,414,000 is needed to fund the payroll-related costs of employee

benefits in FY 2007. These benefits principally consist of the government’s contribution

to the CSRS and FERS retirement programs, life and health insurance programs, the

Transit Subsidy Program, and the Thrift Savings Plan. Personnel Benefits are steadily

increasing as a proportion of personnel costs as the Federal Employees Retirement

System (FERS) program covers more employees, and as the costs and types of other

benefits increase.

21.0 Travel

Change FY 2006-FY 2007

FY 2006 FY 2007 Amount %

$117,000 $117,000 -0- -0-

Review Commission requests $117,000 for travel. Travel of Administrative Law Judges

to conduct hearings will require an estimated $104,000. The request also includes funds

for travel associated with training, conferences and supervisory travel to the regional

offices.

22.0 Transportation of Things

Change FY 2006-FY 2007

FY 2006 FY 2007 Amount %

$7,000 $7,000 -0- -0-

An amount of $7,000 is requested to fund the cost of shipping materials between

Review Commission offices and other locations, and the shipping costs associated with

the purchase of supplies and equipment.

23.1 Rental Payments to GSA

Change FY 2006-FY 2007

FY 2006 FY 2007 Amount %

$1,265,000 $1,265,000 -0- -0-

The request includes $1,265,000 for office space rent. These projected rent costs are

based on estimates provided by the General Services Administration (GSA) to the

Review Commission in August 2005.

23.3 Communications, Utilities and Miscellaneous Charges

Change FY 2006-FY 2007

FY 2006 FY 2007 Amount %
Budget -- 2007

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$61,000 $61,000 -0- -0-

Telephone and postage costs are projected to require $61,000 in FY 2007. Local phone

service and telecommunications is expected to require $42,000. Long distance service is

estimated at $6,000, and postage for the required mailing of letters, cases, and other

materials is expected to be $13,000.

24.0 Printing

Change FY 2006-FY 2007

FY 2006 FY 2007 Amount %

$17,000 $17,000 -0- -0-

The printing costs consist mainly of the charges for publishing regulations and

announcements in the Code of Federal Regulations (CFR) and the Federal Register,

purchasing copies of the CFR and the Federal Register and other GPO publications.

Together, these printing/publishing costs are expected to approximate $9,000 in fiscal

year 2007. The balance of the budget, $8,000, is needed for the production of compact

discs, which contain the latest decisions reached by the Review Commission’s

Administrative Law Judges and by the full Commission.

25.0 Other Services

Change FY 2006-FY 2007

FY 2006 FY 2007 Amount %

$372,000 $372,000 -0- -0-

An amount of $372,000is requested for Other Services. These funds will support: court

reporting ($92,000), maintenance of the Review Commission’s automated data

processing system, ($51,000), evaluation and support for information technology

security ($28,000), and on-line legal research ($35,000). The category also includes

funding for other contractual services such as the annual audit of our financial

statements ($41,000), the services of a librarian ($25,000), training ($15,000), and

contracting for services required to support the agency’s mission ($58,000). Finally, this

category includes funds needed for continuing maintenance of the Review

Commission’s Internet website ($27,000), which is housed and maintained by the

Government Printing Office.

25.3 Services by Other Federal Agencies

Change FY 2006-FY 2007

FY 2006 FY 2007 Amount %

$326,000 $326,000 -0- -0-

An amount of $326,000 is requested for services provided by other federal agencies.

This area includes $15,000 for the costs of support for personnel and payroll services

provided by the National Finance Center, $258,000 for the costs of financial and

administrative services provided by the Bureau of Public Debt, $41,000 for the costs of

building security (estimated) provided by the Department of Homeland Security, and

$12,000 for other interagency services.

25.7 Repair and Maintenance of Equipment

Change FY 2006-FY 2007

FY 2006 FY 2007 Amount %
Budget -- 2007

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$46,000 $46,000 -0- -0-

An amount of $32,000is requested for repair and maintenance of equipment including

equipment used for printing and reproduction of cases, automated data processing

equipment and servicing of building security equipment. The balance of the request

($14,000) is for maintenance of software licenses that ensure the security and integrity

of our system .

26.0 Supplies

Change FY 2006-FY 2007

FY 2006 FY 2007 Amount %

$45,000 $45,000 -0- -0-

The amount of $45,000 is requested for materials and publications. General office

supplies, will require an estimated $22,000. Automated data processing supplies,

including software, will require approximately $20,000. Subscriptions to periodicals and

other publications will require $3,000 .

31.0 Equipment

Change FY 2006-FY 2007

FY 2006 FY 2007 Amount %

$127,000 $109,000 - $18,000 - 14.1

The amount of $109,000 is required for equipment in FY 2007. Subscriptions and other

publications necessary to maintain our legal libraries will require $68,000 and $21,000

will be applied to computer acquisitions. This amount will enable the Review

Commission to continue the replacement cycle established in earlier years. The expected

life cycle of our automated data processing equipment is four years. Our automated data

processing equipment includes personal computers, printers, a local area network, and

associated peripherals. The remaining $20,000 of the amount requested for equipment

will be used to replace worn or obsolete equipment. Within this amount we will also

fund any furniture that may be needed.

V. Other Tables

Appropriation History 

Occupational Safety and Health Review Commission

Fiscal

Year

Request to

Congress

House

Allowance

Senate

Allowance Appropriation

1971 $75,000 $75,000 $75,000 $ 75,000

1972 $ 400,000 $ 400,000 $ 400,000 $1,592,000

1973 $5,979,000 $5,979,000 $5,979,000 $3,850,000

1974 $4,890,000 $4,890,000 $4,890,000 $4,687,000

1975 $5,720,000 $5,512,000 $5,700,000 $5,512,000

1976 $5,806,000 $5,769,000 $5,769,000 $5,769,000

TQ $1,464,000 $1,464,000 $1,464,000 $1,464,000
Budget -- 2007

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1977 $6,280,000 $6,607,000 $6,607,000 $6,607,000

1978 $7,150,000 $7,150,000 $7,150,000 $7,150,000

1979 $7,658,000 $7,658,000 $7,658,000 $7,658,000

1980 $7,450,000 $7,450,000 $7,450,000 $7,450,000

1981 $7,806,000 $7,806,000 $7,806,000 $7,806,000

1982 $7,787,000 $7,787,000 $7,387,000 $7,092,000

1983 $6,316,000 $6,316,000 $6,316,000 $6,316,000

1984 $6,331,000 $5,982,000 $6,339,000 $5,982,000

1985 $6,143,000 $6,143,000 $6,143,000 $6,143,000

1986 $5,742,000 $5,901,000 $5,901,000 $5,647,000

1987 $5,750,000 $5,647,000 $5,750,000 $5,750,000

1988 $6,232,000 $5,885,000 $5,885,000 $5,885,000

1989 $6,002,000 $5,831,000 $5,831,000 $5,845,000

1990 $5,970,000 $5,970,000 $5,970,000 $5,970,000

1991 $6,401,000 $6,401,000 $6,401,000 $6,401,000

1992 $6,711,000 $6,497,000 $6,497,000 $6,711,000

1993 $7,241,000 $7,169,000 $7,169,000 $7,169,000

1994 $7,262,000 $7,362,000 $7,362,000 $7,362,000

1995 $7,655,000 $7,595,000 $7,595,000 $7,595,000

1996 $8,127,000 $8,200,000 $8,100,000 $8,081,000 1

1997 $7,753,000 $7,753,000 $7,753,000 $7,738,000 2

1998 $7,800,000 $7,900,000 $7,800,000 $7,900,000

1999 $8,050,000 $8,100,000 $8,100,000 $8,092,000 3

2000 $8,500,000 $8,100,000 $8,500,000 $8,470,000 4

2001 $8,720,000 $8,600,000 $8,720,000 $8,720,000

2002 $8,964,000 $8,964,000 $8,964,000 $8,958,000 5

2003 $9,577,000 $9,577,000 $9,577,000 $9,673,000 6

2004 $10,115,000 $10,115,000 $9,610,000 $9,863,000 7

2005 $10,516,000 $10,595,000 $10,595,000 $10,510,240 8

2006 $10,510,000 $10,510,000 $10,510,000 $10,404,900 1

Authorized Full Time Positions, by Function

FY 2005 FY 2006 FY 2007

Commission

Executive Level III 1 1 1

Executive Level IV 2 2 2

ES-00 2 2 2

GS-15 6 6 6

GS-14 7 8 8

GS-13 3 3 3

GS-12 1 1 1

GS-11 1 1 1
Budget -- 2007

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GS-10 2 2 2

GS-9 3 3 3

GS-7 1 1 1

GS-6 1 1 1

Sub-total 30 31 31

Administrative Law Judge

AL-1 1 1 1

AL-III 12 11 11

GS-14 4 4 4

GS-12 0 0 0

GS-11 4 4 4

GS-9 1 1 1

GS-8 2 2 3

GS-6 2 2 1

Sub-total 26 25 25

Administration

ES- 00 1 1 1

GS-14 4 3 3

GS-13 1 1 2

GS-12 2 2 1

GS-11 1 1 1

GS-10 1 0 0

GS-9 1 1 1

GS-6 1 1 1

GS-5 1 1 1

Sub-total 13 11 11

Total full-time equivalent positions 69 67 67

1 Reduced to $8,081,000 by P.L. 104-134.

2 Reduced to $7,738,000 by P.L. 104-208.

3 Reduced to $8,092,000 by H.R. 1664.

4 Reduced to $8,470,000 by P.L. 106-113.

5 Reduced to $8,958,000 by P.L. 107-206.

6 Reduced to $9,610,125 by P.L. 108-7.

7 Reduced to $9,863,000 by P.L. 108-199.

8 Reduced to $10,510,240 by P.L. 108-447
Budget -- 2007

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1 Reduced to $10,404,900 by P.L. 109-148.

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